Bankruptcy and Insolvency General Rules (C.R.C., c. 368)

127 The final report and statement of accounts that are required by subsection 246(3) of the Act to be prepared by a receiver immediately after completion of their duties as receiver must contain the following information:

• (a) the final statement of receipts and disbursements;

• (b) details of the manner of distribution of the proceeds realized from the property of which the receiver had taken possession or control; and

• (c) details of the disposition of any property of which the receiver had taken possession or control and that is not accounted for in the final statement of receipts and disbursements.

Trustee’s Fees and Disbursements in Summary Administration

• 128 (1) The fees of the trustee for services performed in a summary administration are calculated on the total receipts remaining after deducting necessary disbursements relating directly to the realization of the property of the bankrupt, and the payments to secured creditors, according to the following percentages:

  • (a) 100 per cent on the first $975 or less of receipts;

  • (b) 35 per cent on the portion of the receipts exceeding $975 but not exceeding $2,000; and

  • (c) 50 per cent on the portion of the receipts exceeding $2,000.

• (2) A trustee in a summary administration may claim, in addition to the amount set out in subsection (1),

  • (a) the costs of counselling referred to in subsection 131(2);

  • (b) the fee for filing an assignment referred to in paragraph 132(a);

  • (c) the fee payable to the registrar under paragraph 1(a) of Part II of the schedule;

  • (d) the amount of applicable federal and provincial taxes for goods and services; and

  • (e) a lump sum of $100 in respect of administrative disbursements.

• (3) A trustee in a summary administration may withdraw from the bank account used in administering the estate of the bankrupt, as an advance on the amount set out in subsection (1),

  • (a) $250, at the time of the mailing of the notice of bankruptcy;

  • (b) an additional $250, thirty days after the date of the bankruptcy; and

  • (c) an additional $250, four months after the date of the bankruptcy.

• (4) Subsections (1) to (3) apply to bankruptcies in respect of which proceedings are commenced on or after September 30, 1997 and the accounts are taxed on or after April 30, 1998.

Administrator’s Fees and Expenses in a Consumer Proposal

• 129 (1) For the purposes of paragraph 66.12(6)(b) of the Act, the fees and expenses of the administrator of a consumer proposal that must be provided for in a consumer proposal are as follows:

  • (a) $750, payable on filing a copy of the consumer proposal with the official receiver;

  • (b) $750, payable on the approval or deemed approval of the consumer proposal by the court;

  • (c) 20 per cent of the moneys distributed to creditors under the consumer proposal, payable on the distribution of the moneys;

  • (d) the costs of counselling referred to in subsection 131(1);

  • (e) the fee for filing a consumer proposal referred to in paragraph 132(c);

  • (f) the fee payable to the registrar under paragraph 3(b) of Part II of the schedule; and

  • (g) the amount of applicable federal and provincial taxes for goods and services.

• (2) Subsection (1) applies to consumer proposals in respect of which proceedings are commenced on or after April 30, 1998.

Application of Summary Administration Provisions

130 For the purposes of subsections 49(6) and (8) of the Act, the amount is $15,000.

Miscellaneous Fees

• 131 (1) For the purposes of paragraph 66.12(6)(b) of the Act, the fees and expenses in respect of counselling are $85 per session if counselling is provided on an individual basis, and $25 per person per session if counselling is provided on a group basis.

• (2) For the purposes of subsection 157.1(1) of the Act, the costs of counselling are $85 per session if counselling is provided on an individual basis, and $25 per person per session if counselling is provided on a group basis.

• 132 (1) The total fee to file all documents relating to an estate with the official receiver is as follows:

  • (a) $75 for an estate under summary administration in respect of an individual bankrupt who has never before been bankrupt under the laws of Canada or of any jurisdiction prescribed under section 168.1 of the Act and, in the case of any other bankruptcy, $150, payable at the time of filing an assignment under subsection 49(3) of the Act or at the time of the making of a bankruptcy order under subsection 43(6) of the Act;

  • (b) in the case of a proposal made by an insolvent person, $150, payable at the time of filing a copy of the proposal pursuant to subsection 62(1) of the Act;

  • (c) in the case of a consumer proposal made by a consumer debtor, $100, payable at the time of filing a copy of the consumer proposal pursuant to paragraph 66.13(2)(d) of the Act; and

  • (d) if the official receiver directs, pursuant to subsection 49(8) of the Act, that subsection 49(6) of the Act ceases to apply in respect of a bankrupt, $75, payable at the time of the official receiver’s direction.

• (2) The fees set out in paragraphs (1)(a), (c) and (d) apply to all documents filed on or after the coming into force of those paragraphs.

133 For the purposes of subsection 11.1(1) of the Act, the fee payable for each request for information contained in the public record is $8.

• 134 (1) For the purposes of subsection 13.2(1) of the Act, the fee payable by an applicant for a licence to act as a trustee is $300.

• (2) For the purposes of subsection 13.2(2) of the Act, the annual fee payable by a trustee is $850.

• (3) For the purposes of paragraph 13.2(4)(a) of the Act, the penalty amount that must be paid by a trustee is $100.

135 For the purposes of subsection 120(5) of the Act, the fees per meeting that may be paid to an inspector, to be determined on the net receipts as calculated by subtracting the payments to secured creditors from the amount of total receipts received by the trustee, are as follows:

• (a) $10, if the estate has net receipts of less than $10,000;

• (b) $20, if the estate has net receipts of $10,000 or more but less than $50,000;

• (c) $30, if the estate has net receipts of $50,000 or more but less than $100,000; or

• (d) $40, if the estate has net receipts of $100,000 or more.

136 For the purposes of subsection 245(1) of the Act, the fee that accompanies the notice sent to the Superintendent is $70.

• 136.1 (1) The fee payable by a creditor who applies for payment of a dividend pursuant to subsection 154(2) of the Act is $30 for each dividend applied for.

• (2) The fee set out in subsection (1) applies to all applications for dividends made on or after the coming into force of that subsection.

Prescribed Date

137 For the purposes of paragraphs 136(1)(h) and (j) of the Act, the prescribed date is November 30, 1992.

Notice Related to Foreign Proceeding

138 For the purposes of paragraph 276(b) of the Act, the notice must contain the following information:

• (a) the name and contact information of the foreign representative;

• (b) the name of the debtor and the name under which the debtor carries on business in Canada, if any;

• (c) the following information respecting the order, namely

  • (i) the name of the court that made it,

  • (ii) the legislative provision under which it was made, and

  • (iii) the date on which it was made;

• (d) the country in which the foreign proceeding is filed;

• (e) whether the proceeding is a foreign main or foreign non-main proceeding; and

• (f) the name and contact information of legal counsel for the foreign representative.